Wamenkum: Responsible for Demo Not Imprisoned if Report Activities

Minister of Law Supratman Andi Agtas (right) with Deputy Minister of Law Edward Omar Sharif Hiariej (center) (ANTARA/Rio Feisal)

JAKARTA - Deputy Minister of Law Edward Omar Sharif Hiariej said that the coordinator or person in charge of the demonstration would not be prosecuted if he had reported or informed the authorities of the plan to hold a demonstration.

"So, if you brothers pay attention to Article 256 (Criminal Code, ed.), If I am responsible for the demonstration, and I inform the police, then there is a riot from the demonstration, I cannot be charged with a crime because I have informed," said the man who is familiarly called Eddy, in a press conference at the Ministry of Law building, Jakarta, Monday, January 5 as reported by ANTARA.

Eddy made this statement in response to the issue of Article 256 of Law Number 1 of 2023 concerning the Criminal Code regarding the organization of parades, rallies, or demonstrations.

The Minister of Home Affairs said that if the person in charge did not inform the plan to hold a demonstration, then there was no riot, then the person concerned would not be charged with a crime.

"So, the article is about the implication. 'If and only if', does not inform and cause confusion," he explained.

Article 256 of the new Criminal Code reads: "Anyone who, without prior notification to the authorities, holds a parade, rally, or demonstration on a public road or public place that results in disruption of public interests, creates disorder, or chaos in society, is sentenced to a maximum of 6 (six) months imprisonment or a maximum fine of category II."

Meanwhile, in the explanation section of the Criminal Code, what is meant by 'disturbing the public interest' is the inoperability or inaccessibility of public services due to damage arising from the existence of a parade, demonstration, or demonstration.

Previously, the Criminal Code was signed by Joko Widodo as President of the Republic of Indonesia and promulgated by Pratikno as Minister of State Secretary on January 2, 2023.

Article 624 of the Criminal Code states that the legislation only applies after three years from the date of enactment or January 2, 2026. Thus, this new Criminal Code is valid on that date.